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HomeMy WebLinkAbout08869 ORD - 05/22/1968' • BJw:5/22/68 I AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CON- TRACT WITH H. DURWARD THOMPSON, LANDSCAPE ARCHITECT, FOR ARCHITECTURAL SERVICES, INCLUDING PLANS AND SPECIFI- CATIONS FOR LANDSCAPING OCEAN DRIVE FROM CRAIG TO HEWITT, APPLICABLE TO PROJECT NO. 220- 67 -97; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,000 FOR PAYMENT OF THE AFORESAID ARCHITECTURAL SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH H. DURWARD THOMPSON, LANDSCAPE ARCHITECT, FOR ARCHITECTURAL SERVICES, INCLUDING PLANS AND SPECIFICATIONS FOR LANDSCAPING OCEAN DRIVE FROM CRAIG TO HEWITT, APPLICABLE TO PROJECT No. 220- 67 -97, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,000 FOR PAYMENT OF THE AFORESAID ARCHITECTURAL SERVICES TO BE PERFORMED BY H. DURWOOD THOMPSON. SECTION 3. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORESAID CONTRACT AND MAKE APPROPRIATION OF THE SAID SUMS FOR SAID ARCHI- TECT IN ORDER THAT THE PROJECT MAY PROCEED IMMEDIATELY WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MAY, 1968. ATTEST: A e THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 8H(a ") May 20, 1968 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENT, OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCe' -IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF NO. 220 Street bond fund Prolect No. 220 -67 -97 $3.000 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DiSeCTORI OF FINA 0/11 --\ • r CONTRACT FOR LANDSCAPE ARCHITECT SERVICES THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and H. Durward Thompson, hereinafter called Landscape Architect, agrees as follows: 1. SERVICES TO BE PERFORMED. The Landscape Architect hereby agrees, at his own expense and in accordance with his proposal dated May 3, 1968, to per- form all related architectural services necessary to properly develop the follow- ing plans and specifications for landscaping the medians on the section of Ocean Drive beginning at Craig Street and ending at Hewit Drive, including complete plans and specifications to allow the City either to execute the planting with its own forces or to advertise for bids on the project. It is contemplated that a preliminary conference between the City and the Landscape Architect shall outline the details of the project and if desired by the City, divide the project into separate stages, with the Landscape Archi- tect proceeding with the work in accordance with written order as may be deter- mined at said conference. The services of the Landscape Architect shall include, but not be limited to the following: A. PRErDENARY PHASE: (1) Scope of Basic Services: (a) Participation in preliminary conferences with the owner regarding the project; (b) Preparation of preliminary studies directly re- lated to and part of the preliminary design work being considered; (c) Preparation of five copies of preliminary layouts, on drawings furnished by the City at a scale of 1" = 10', sketches and report, where applicable, and the Landscape Architect specific recommenda- tions; (d) Preparation of tentative cost estimates of the proposed construction. B. DESIGN PHASE: (1) Scope of Basic Services: (a) Field surveys for design of structures of limited area, such as buildings; but not to include clear- ing or surveys outside of area of structure; (b) Planning any special surveys and tests which may be required for design; arranging for such work to be done directly for owner's account, and in- terpretation of results of such investigations. (c) Furnishing to the owner, where applicable, the data necessary for applications for permits re- quired by local, state and federal authorities; (d) Preparation of detailed contract drawings and specifications for construction authorized by the owner; (e) Preparation of detailed cost estimates and bid- ders' proposals forms for authorized construc- tion; (f) Furnishing five copies of plans, and 20 sets of specifications, notice to bidders, and bidders' proposals; additional copies of plans, if request- ed by City, shall be furnished at the Landscape Architect's cost of reproduction; (g) Assistance to the owner in securing bids; (h) Assistant in the tabulation and analysis of bids and furnishing recommendations on the award of construction contracts; (i) Assistance in the preparation of formal contract documents for the award of contracts; C. CONSTRUCTION PHASE: (1) Scope of Basic Services: (a) Performing general supervision and administration of authorized construction (as distinguished from continuous resident field inspection), including periodic visits to the site of construction. In the administration of the project, the Landscape Architect will endeavor to protect the owner a- gainst defects and deficiencies in the work of contractors but he does not guarantee the perfor- mance of their contracts; (b) Consultation and advise with the owner during con- struction; (c) Checking of shop and working drawings furnished by contractors; (d) Review of laboratory, shop and mill tests of materials and equipment; (e) Preparation or review of monthly and final estimates for payments to contractors; (f) Supervision of initial operation of the project, or of performance tests required by specifications; (g) Making a final inspection of the project. -2- • • 2. COST OF THE PROJECT. The Landscape Architect shall make such revisions in the preliminary plans as may be required to reduce the estimated cost to such sum as the City shall consider acceptable. The City shall not be obligated to accept the preliminary plans and drawings until this is done. In the event the project is divided into stages at said preliminary conference, said sum shall be prorated among the stages as determined at said conference. 3. COST OF THE PROJECT: FINAL BIDS. The Landscape Architect shall endeavor so to design the project that its total cost will not exceed the sum authorized by the City at the time of its approval of the preliminary plans and drawings. If no bid is received within this limitation in amount, the City may require the Landscape Architect to make such revisions in the plans and specifi- cations as may be necessary to reduce the total cost to the Landscape Architect's estimated cost. This shall not be construed to require the Landscape Architect to make any such revisions if his plans and specifications would comply with the provisions of this paragraph except for increases in the costs of labor or materiels during the period elapsing between the completion of preliminary plans and opening of bids. 4. FEE. The owner will pay to the Landscape Architect a fee of $3000.00, which shal-lconstitute complete compensation for all services which he agrees to perform in this contract. This fee shall be payable as follows: A. 50% upon the approval and acceptance by the City of the preliminary plans and sketches meeting the requirements of Paragraph 2 above. B. An additional 50% upon the completion and acceptance by the City of detailed final plans and specifications meet- ing the requirements of Paragraph 3 above. 5. TERMINATION OF CONTRACT. The City may at any time, with or with- out cause, terminate this contract. In this event, the Landscape Architect shall be compensated for his service as follows: A. If termination occurs prior to the final completion and approval of the drawings and specifications, the Landscape Architect shall be paid a reasonable compensation for the services actually rendered by him but in no event more than the fee for the preliminary phase and design phase of the project or such stage or stages thereof as the City has ordered. B. The foregoing.shall not be construed to require the City to compensate the Landscape Architect for any services not per- formed in a proper professional manner. -3- C. If the Landscape Architect should be unable to complete the contract due to death, illness, or any other cause beyond his reasonable control, he or his estate shall be compensated in the manner set forth above. 6. TECHNICAL ASSISTANCE AND CONSULTATIONS. • The City shall not pay the fees of expert or technical assistants and consultants unless such employ- ment, including the rate of compensation, has been approved in writing by the City. 7. TII4E AND ORDER OF LANDSCAPE ARCHITECT'S SERVICES. The Landscape Architect shall furnish the documents and personally render or provide the ser- vices required by this contract in such sequence and at such times as may be ne- cessary to insure the prompt and continuous design and construction of the pro- ject. The Landscape Architect agrees to furnish the completed drawings and specifications for final approval of the City not later than 45 days from the date of this agreement. 8. ASSIGNABILITY. The Landscape Architect shall not assign, transfer or delegate any of bAs obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel on his staff. No part of the Landscape Architect's fee may be assigned in advance of receipt by the Landscape Architect without written consent of the City. 9. OWNERSHIP OF DOCUMENTS. Upon the completion of the project (or upon the termination of this contract, if previously terminated) the Landscape Architect shall furnish to the City the original tracings or drawings, showing all field changes, from which reproductions may be made, together with a correct and legible set of specifications. EXECUTED IN TRIPLICATE, each of which shall be considered an original, this day of 119 ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF ,19 City Attorney Director of Finance By City Manager By Landscape Architect THE STATE OF TEXAS a COUNTY OF NUECES BEFORE ME, the undersigned authority, on this.day personally appeared , City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration there- in expressed, and in the capacity therein stated and as the act and deed of said City. GIVEN UNDER MY AND AND SEAL OF OFFICE, this day of , lg Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said , A , and that he executed the same as the act of such firm for the purposes and consideration therein expressed and in the capacity there- in stated. lg GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , -5- Notary Public in and for Nueces County, Texas • .7 CORPUS CHRISTI TEXAS DAY OF .2204 j9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDj AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS Is THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. - RESPECTFULLY, IAATUK THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS ov THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS